Does a zoning variance override a deed restriction?

No. Zoning and private covenants are separate. A town board can grant a variance from its ordinance, but that doesn’t release a recorded covenant, so the property has to satisfy both.

Are HOA covenants the same thing as deed restrictions?

Both are private, recorded limits on use. Association covenants apply across the whole community and are enforced by the association. Restrictions in an individual deed may benefit specific neighbors or a prior owner.

Is there a fee to remove a discriminatory covenant in NJ?

No. Owners record a Certificate of Release of Certain Prohibited Covenants with the county clerk or register, and no filing fee or other fee may be charged (P.L.2021, c.274, s.3: https://pub.njleg.gov/bills/2020/PL21/274_.HTM).

Does a discriminatory covenant in an old deed affect ownership?

No. It’s void and unenforceable in New Jersey, and disregarding it can’t cause a forfeiture or reverter (N.J.S.A. 46:3-23: https://law.justia.com/codes/new-jersey/title-46/section-46-3-23/).

Will title insurance cover a problem with a deed restriction?

Usually not if the restriction is recorded. Recorded covenants are typically listed as exceptions in the commitment, and listed exceptions aren’t covered. Have an attorney review that list before closing.

Restrictive Covenants and Deed Restrictions: What Buyers Should Check

The short answer: A restrictive covenant, often called a deed restriction, is a private limit on how land can be used. It's written into a deed or a recorded development document and binds later owners. The people it benefits can enforce it (Cornell LII Wex). Buyers find covenants in the recorded deeds, in subdivision or association documents, and listed as exceptions in the title commitment. In New Jersey, covenants that discriminate are void. Since January 1, 2022, a deed can't repeat their specific language, and an owner can remove one from the record with a free Certificate of Release (N.J.S.A. 46:3-23; P.L.2021, c.274).

What is a restrictive covenant?

It's a provision in a conveyance that limits what the new owner can do with the property (Wex). Common examples:

Use limits: single-family homes only, or no commercial activity.
Building limits: setbacks, height, fence styles, sheds or materials.
Approval rules: plans must go to an architectural review committee.
Activity limits: no parked trailers, boats or commercial vehicles.

These can be serious. Wex describes a court ordering owners to cut trees down to their roofline to protect a neighbor's view under a covenant. It also notes that courts won't enforce every covenant, for example when the person suing has no standing (Wex).

How is a covenant different from zoning?

	Restrictive covenant	Zoning
Where it comes from	Private: a deed, declaration or master deed	Public: a town ordinance
Who enforces it	Owners or the association it benefits	The municipality
How it changes	Under the document's own terms, by release or by a court	Ordinance amendment or a variance from the town board

A property has to meet both. A zoning variance doesn't erase a covenant, and a covenant doesn't override zoning. The land use controls exam guide covers how zoning and variances work in New Jersey.

Where do buyers find deed restrictions?

The deed chain. Restrictions often sit in an older deed, not the seller's own. A title search reviews the recorded chain (chain of title explained).
Association documents. Condo master deeds and planned-community declarations carry community-wide restrictions (condo master deeds and bylaws).
The title commitment. Recorded covenants usually appear as exceptions, and anything listed as an exception isn't covered by the policy (title insurance explained).
The survey. It can show whether a fence, pool or addition sits inside a restricted setback (property surveys in NJ).
Preservation programs. Preserved farms and similar land carry permanent deed restrictions (buying a preserved farm).

A buyer who plans a pool, fence, addition, home business or rental should have their attorney compare those plans with the commitment exceptions during attorney review. Agents can point out that restrictions exist. Whether one is enforceable is a legal question (where agents must stop).

Are old discriminatory covenants enforceable in NJ?

No. Many older deeds still contain racial or religious restrictions, but none can be enforced.

Void by statute. Any covenant in a deed, lease, mortgage or other agreement that restricts sale, ownership, rental or occupancy because of race, creed, color, national origin, ancestry, marital status or sex is "void as against public policy, wholly unenforceable." Ignoring it can't trigger a reverter, forfeiture or right of entry (N.J.S.A. 46:3-23).
Broader LAD protection. The Legislature found that the Law Against Discrimination prohibits covenant restrictions on a longer list of characteristics, including age, familial status, disability, sexual orientation, gender identity or expression, and source of lawful income (P.L.2021, c.274, s.1). See the LAD for real estate agents.
Courts can't enforce them. In Shelley v. Kraemer (1948), the U.S. Supreme Court held that court enforcement of racially restrictive covenants violates the Equal Protection Clause (334 U.S. 1).

What did New Jersey's 2021 covenant law change?

P.L.2021, c.274 (C.46:15-15 to -18, approved November 8, 2021) added three practical rules:

No repeating the language. A deed recorded on or after January 1, 2022 can't reference the specific discriminatory text. County clerks and registers must refuse such deeds, and attorneys and title companies must make sure it's left out. A general "subject to covenants of record" clause is still allowed. A deed that slips through anyway is still a valid transfer.
A free release. The owner can record a Certificate of Release of Certain Prohibited Covenants, either before a sale or whenever they find the language. There's no filing fee. The form, which is notarized, is promulgated by the Department of Community Affairs and available from the county recording office. Gloucester County, for example, posts it online.
Associations must clean up. HOA, condo and co-op boards had to review their governing documents within 90 days and remove unlawful restrictions without a member vote. If a member later asks in writing, the board must review within 30 days and amend within 30 days of finding the member is right.

Can a valid deed restriction be removed?

Sometimes. It depends on the document. Some restrictions end on a set date. Some let owners amend them by a vote. Others require a release from everyone who benefits, or a court action. That's a question for a real estate attorney. For buyers, the safer assumption is that a recorded restriction applies until a lawyer says otherwise.

Curious how property rights are tested? Business Elementary's 75-hour pre-licensing course is the first step toward a NJ license.

Sources

Cornell LII Wex, "restrictive covenant": https://www.law.cornell.edu/wex/restrictive_covenant
N.J.S.A. 46:3-23 (discriminatory covenants void): https://law.justia.com/codes/new-jersey/title-46/section-46-3-23/
P.L.2021, c.274 (C.46:15-15 to -18), approved Nov. 8, 2021: https://pub.njleg.gov/bills/2020/PL21/274_.HTM
Shelley v. Kraemer, 334 U.S. 1 (1948): https://supreme.justia.com/cases/federal/us/334/1/
Gloucester County Clerk, Certificate of Release of Certain Prohibited Covenants (form): https://www.gloucestercountynj.gov/DocumentCenter/View/6857/Certificate-of-Release-of-Certain-Prohibited-Covenants-PDF?bidId=

Last reviewed: November 9, 2026